Brain Injury Compensation Claims

If a victim is left with symptoms that reduce their ability to move around, communicate, participate in hobbies, socialising, etc. then we will look to compensate them for this. We can never turn back the clock and make everything OK again, but we can obtain financial compensation to reflect the severity of the suffering endured.

In a worst case scenario, if a victim can never work again, they can be entitled to future lost earnings that can be estimated based on pre-accident employment. In theory, our client could be paid up until the age of retirement, including a pension, for all earnings that they would have gained had they have never suffered the brain injury in the first place.

If any form of care and assistance is required, a claim can be made for this that can be paid to the carers, or for getting professional help if it s needed. This can be broken down into things such as help with cleaning, cooking, washing, dressing, shopping; the whole lot. However, a brain injury victim's independence is affected is what we can look at to make sure that the long term needs are taken care of.

If there's any form of treatment that can be provided, we can look to arrange for funding from the other side if it's going to benefit our client in the long-term. There is, of course, always the NHS options; but we will always try and see what we can do on a private basis if it will be more beneficial.

We here at The Injury Lawyers specialise in all areas of injury law. We have specialist, serious injury solicitors on hand to represent brain injury victims for a claim; solicitors who are used to dealing with significant injuries and multi-million pound compensation payouts.

Call our claims helpline on 0800 634 7575 for advice on claiming compensation for your brain injury today.

Most brain injury compensation claims start with an injury to the head. If you or someone you know ever receives a head injury, ensure that medical attention is sought right away. Even if you feel fine, we strongly recommend that a doctor is seen or a visit to the nearest walk in centre or A+E takes place, because in some circumstances it is difficult to tell whether a person is suffering beyond what is visible to the naked eye.

No one is ever wasting anyone's time by being on the safe side and getting checked out. We really can't stress this point enough.

Symptoms relating to serious head injuries when left untreated can cause brain damage. Some severe head injury symptoms to watch out for are:

• Difficulty staying awake or still being sleepy several hours after the injury;
• Having a seizure or fit (when your body suddenly moves uncontrollably);
• Difficulty speaking, such as slurred speech;
• Vision problems or double vision;
• Difficulty understanding what people say;
• Reading or writing problems;
• Balance problems or difficulty walking;
• Loss of power in part of the body, such as weakness in an arm or leg;

• Pins and needles (a prickling or burning feeling) in the hands or feet;
• Amnesia (memory loss), such as not being able to remember what happened before or after the injury;
• Clear fluid leaking from the nose or ears (this could be cerebrospinal fluid, which normally surrounds the brain);
• Bleeding from one or both ears;
• New deafness (loss of hearing) in one or both ears
• A lasting headache since the injury;
• Vomiting since the injury;
• Irritability or unusual behaviour.

Source: NHS Head Injury Conditions

These are all symptoms that are linked to severe head injuries that could lead to brain trauma. Be on the safe side - get yourself checked out.

We must stress that the amount of the claim is determined by the individual circumstances of the case, and when it comes to brain injury compensation claims, there are a lot of factors to consider.

We can look at the official guidelines that we use to help us to value claims to give you an idea as to what you may be entitled to receive for the brain injury amount alone. The major part of the claim is often based on the Special Damages side of things for your losses and expenses, whereas the information below is solely in relation to the amount that is just for the injury itself.

Moderate Brain Damage

Cases where there is moderate to severe intellectual deficit, a personality change, an effect on sight, speech and senses with a significant risk of epilepsy and no prospect of employment: £107,250.00 to £156,750.00.

Cases where there is a moderate to modest intellectual deficit; the ability to work is greatly reduced if not removed; there is some risk of epilepsy (unless a provisional damages order provides for this risk): £64,750.00 to £107,250.00.

Cases where concentration and memory are affected; the ability to work is reduced; there is a small risk of epilepsy; and any dependence on others is very limited: £30,750.00 to £64,750.00.

Moderately Severe Brain Injury

The injured person will be very seriously disabled. There will be substantial dependence on others and a need for constant professional care. Disabilities may be physical, for example, limb paralysis, or cognitive, with marked impairment of intellect and personality.

The level of the award within the bracket will be affected by the following considerations:

1. The degree of insight;
2. Life expectancy;
3. The extent of physical limitations;
4. The degree of dependence on others;
5. Ability to communicate;
6. Behavioural abnormality;
7. Epilepsy or a significant risk of epilepsy (unless a provisional damages order provides for this risk).

Awards in this bracket are between £156,750.00 and £201,500.00.

Very Severe Brain Injury

In cases at the top of this bracket the injured person will have a degree of insight. There may be some ability to follow basic commands, recovery of eye-opening and return of sleep and waking patterns and postural reflex movement. There will be little, if any, evidence of meaningful response to environment, little or no language function, double incontinence, and the need for full-time nursing care.

The level of the award within the bracket will be affected by:

1. The degree of insight;
2. Life expectancy;
3. The extent of physical limitations.

The top of the bracket can be appropriate only where there is significant effect on the senses and severe physical limitation.

Where there is a persistent vegetative state and/ or death occurs very soon after the injuries were suffered and there has been no awareness by the injured person of his or her condition the award will be solely for loss of amenity and will fall substantially below the above bracket.

Awards here are between £201,500.00 and £288,500.00.

Remember - this is just for the injury alone!

Brain injury compensation - get advice now!

To find out more information about making a brain injury claim, use our no-obligation and free service by submitting your details on any of the forms provided on this page, or if you prefer call 0800 634 7575 for professional advice today.